Statute of Limitations
Workers’ Compensation, like many other personal injuries, has a statute of limitations. A statute of limitations is a law passed to set the maximum time after an event occurs when legal proceedings may be initiated. The statute of limitations for workers’ compensation claims in New York is two years.
New York required workers to report injuries within 30 days of their occurrence. Once you have reported the injury, it’s best to file a workers’ compensation claim as soon as possible. Two years often goes by faster than you think it will!
If you suffer an illness or disease that is the result of exposure to harmful chemicals or other hard to diagnose conditions, the Board states that you have up to two years from the date “you should have known”.
If a worker dies due a work-related illness or injury, the family must file a claim within two years. A spouse or child of a worker killed on the job may be able to collect death benefits.
Hearing loss, while serious, is different from other job-related injuries or illnesses. Since hearing loss is not always noticeable until after you have been removed from the job site, it has its own statute of limitations. Hearing loss maybe reported up to three months after worker is away from the noise or three months after leaving the company. If hearing loss is not present right away, the worker has up to 90 days after noticing the work-related hearing loss to file a workers’ compensation claim. In some cases, this may extend past the two-year limit.
Working with An Attorney
Some workers’ compensation cases can be cut and dry, however most are complicated and can’t be completed by the injured worker. To understand how to file a claim, what your rights are, and to ensure that you file your claim in time, it’s in your best interest to contact an attorney as soon as possible. At Erwin McCane & Daly we offer free initial consultations to learn about your case and tell you how to proceed. Contact us today to schedule yours.